r.
MS-imiBrmftMl
BY S. B. ROW.
CLEARFIELD, PA., WEDNESDAY, JUNE 27, 1860.
VOL. G.-jVO. 44.
t
"t
OVS HAPPIEST DAYS.
They tell me, lore, that yon and I
Out happiest days ara seeing, .
While yet is shut from either'a eye
The change that waits on being ;
Ah! life they say's a weary way,"
- With lew of joy than sorrow,
-For where a sunlight falls te-day, (
There'll be a ahade to-morrow. ,
If oara be lore that will not bear
The teat of change and sorrow,
ilfnd only deeper channels wear .
In pauiog to each morrow, i
Then better were it that to-day
We fervently were praying.
That what we hare may pass away
While we the words were saying.
The heart has depths of bitterness
A well as depths of pleasure ;
And those who love, love uot unless
They both of these can measure.
There is a time, and it will come,
When this they must discover.
And woe if either then be dumb -'
To power that moved the lover.
There are some spots where each will fall,
And each will need sustaining ;
And suffering is the lot of all,
And is of God's ordaining :
Then wherefore do our hearts nnito
In bonds that none can sever,
If not to bless each changing light,
And strengthen each endeavor?
. Then while these happy days we bless
.- Let us no doubt be sowing ;
Ood's mercy never will be lew,
- Though lie should change the showing : '
Fnch be onr faith as on we tread,
Each trusting and obeying,
' Ai two who by Bis bands are led, ! i .
And hear what he is saying.
,. ' LUMBERMEN'S CAMPS. ... -The
editor of the Ellsworth American, hav
ing recently visited the Maine lumbermen in
their backwoods camps, gives the following
description of their winter habitations :
"The camps of these hardy and laborious
men are made of logs.aud covered with splints,
which are long shingles, made of cedar, and
rived and shaved. These are again covered
with boughs. In the centre of the camp is
the fire, extending half its length, with an o
Ien space just as large in the roof, for the es
cape) ot the smoke. A modem improvement
has been incroduced the fire dogs, or andi
rons. These are made from 3 to 4 feet long,
and Urge enough to bold a large quantity of
wood. They are really a pair of these indis
pensable articles welded together, with one
foot in the centre to strengthen the double
headed flre-dog.' One of the luxuries of
camp life is to sit on the 'deacon-seat' and
watch the flames as they issue forth from the
hard wood fire, the product of numberless
long and large sticks of wood, big enough for
an old-fashioned back-Iog.'," The deacon
seats' are aticks of timber, hewn and squared,
nd placed parallel with the fire, and on each
aide of it for scats. Back of these seats, are
the dormitory apartments. A good founda
tion is made with cedar or spruce boughs, on
which are spread, a number of comforts, made
thick and warm with cotton batting.
"One of the curiosities of these habitations,
is the bean oven.' This is a hole excavated
at one end of , the fire, and near the fire-dog,
In which, after being sufficiently well heated
with coals, is placed a large iron pot .filled
with beans having a sheet iron covering jut
ting over the outer rim, covered all over with
coals and hot embers, and left to cook through
the night while the men are sleeping. In the
morning the pot of beans' is taken from its
bed, and the beans are on thy table lor break
fast, steaming and inviting enough to tempt
an epicure. One of these camps had a dining
and cooking room, in addition to the usual
accommodations, and also a good sized cook
sf ove. ' There ara, generally, from 15 to 20
men to each camp. In all that we visited,
quietness, order, industry, and the best of
feeling, existed among the inmates.
The seventy-first anniversary of tho Royal
Literary Fund waa recently held in London,
about one hundred gentlemen were present,
and the Lord Bishop of St. David's presiding.
In his speech to the toast of the evening, the
Chairman said, in illustration of the remark
that our language had not lost either in com
pass or force through the hands which now
used it, that "a few years ago, in the Royal
Academy of Berlin, a most illustrious German
pbilologer recorded it as his deliberate opin
ion that the language of Shakespeare was des
tined to become universal, and bear sway, like
the. French race itself, in distant parts ot the
globe ; that its copiousness, its compactness,
and its good aense fitted it for the purpose in a
higher degree than any other living tongue,
that of his own German fatherland not ex
cepted." ,
Joum Dear aso bis Mart Ass. The Alba
ny Statesman says "A deceased broker left
each of Mr. Boker's four children $50,000.
Mary Ann jhas already, or will shortly have,
that sum at her own disposal. Mr. Boker left
an estate valued at over $800,000. He disin
herited Mary Ann and a son who has always
taken her part, and thereby offended the fath
er. But it ia understood that neither of the
two children, nor tho mother, share in the
sentiment of Mr. B., and doubtless the estate
will in the end be about equally divided. Ma
ry Ann's oldest sister made a very similar
match, marrying the porter In her father's
tore ; but he was a German, and Mr. B. had
o much prejudice in favor, of his countrymen
lhat he forgave the offense."
- "Do I understand the counsel for defen
dant," asked a very fat Western juror, "to say
-hat be is about to read his authorities, as a
gainst the decision just pronounced from tho
nchl" "By no means," responded the
.counsel aforesaid, "I was merely going to
how to your honor, by a brief passage I was
VJ?! Uom book wna n infernal
.ofl fool Clackstone must have been." "Ay,
.y laaid the judge, tola little elated, and
tthere the matter ended.
U u eloquent and glowing tribute to the
Union, made y a young Kentuckian, speak
ing the awful results of dissolution, hewys
that the "youthful stars would hang their
heads with shame." We presume the little
tVlV 6 J10,' "5 Ter JUDS 88 they re able
to be out of nights.
"If there is anything ondertbe cannister" of
neaven that I have ia utter excresence," says
?!rtinton lnder, going a
ooBt like a boy conatrcotor, circulating his
calomel on honest folks.'
SOME HUSBANDS DO 80.
How? The habits with husbands, with re
gard to the treatment of their wives, are so va
rious that the question can only be answered
by individual specimens of each mode:
Some husbands never leave home in the
morning without kissin? their wives and bid
ding them "good-bye, dear," in the tone of
unwearied love, and whether it be policy or
fact, it has all the effect of fact, and those
homes are generally pleasant ones, provided
always that the wives are appreciative and
welcome the discipline in a kindly spirit. We
knewjan old gentleman who lived with his wife
over fifty years, and never left home without
the kiss and the "good-bye, dear."
. Some husbands shake hands with their wives
and hurry off as fast as though the effort were
something that they were' anxious to forego,
holding their heads down and darting around
the first corner.
, Some husbands say only, "Well, wife, 1 am
going," and starting at the word "go," which
comes to them from some back retreat. :
Some husbands, before leaving home, ask
very tenderly, "What would you like for din
ner, my dear," knowing all the while that she
will select something for bis palate, and off
he goes.
Some husbands leave home without saying
anything at all, but thinking a good deal, as is
evinced by their turning round at the last point
of observation, and waving an adieu at the
pleasant face or faces at the window. . .
Some husbands never say a word, rising
from the breakfast table with the lofty Indif
ference of a lord, and going ont with heart
less disregard, of those left behind. It is a
fortunate thing for their wives that they can
find sympathy elsewhere.
Some husbands never leave home without
some unkind word or look, apparently think
ing that such a course will keep things straight
in their absence.
Then, on returning
Some husbands come home jolly and happy,
unsoured by the world; some sulky and suily
with its disappointments.
Some husbands bring home a newspaper, or
a book, and bury themselves for the evening
in its contents.
Some husbands are called away every eve
ning by business or social engagements; some
doze in speechless stupidity on tho sota till
bed-time.
Some husbands are curious to learn of their
wives what has transpired through the day;
others are attracted by nothing short of a child
tumbling down stairs, or the house taking fire.
Depend upon it, says Dr. Spencer, that
home politeness and attention ore the rule, on
the part of the husband of course, all the re
sponsibility rests with them and temptation
finds no footing there. Boston Gazelle.
The Poltoamt Bill among the Mormons
The Mormons of Salt Lake do not like the idea
of Congress meddling with their domestic af
fairs, and limiting the number of their wives.
Orson Pratt is particularly severe in his de
nunciation of the Polygamy bill, and, while
predicting awful and everlasting destruction to
the Union, says there is "nothing that the
Mormons could do but to stand by the Consti
tution and maintain the rights that their fore
fathers had secured to them by their life's
blood." Did their forefathers indulge in a
plurality of wives ? If they did not, we do not
see how their lecherous descendants can claim
more than were lawfully due to their progeni
tors. .-,
An old lady who was not much accustomed
to tend church, finally went one Sunday. Du
ring prayer time, While she was on her knees,
her old cat who had followed her unnoticed,
came purring around her, when she broke out
"Why poosy what you come ter meetin'
tu! hy-ee! I spoke out in meetin' ! Why-ee-ee
! I spoke agin. Why-eo-ee loddy-god-dy
1 I keep a spoken all the time I".
Goon Places to Live In. There is a town
in Middlesex, Mass., where it has been ascer
tained, beyond a doubt, that eery legal voter
in tho town is a Lincoln man. And another
we see spoken of, where there are only three
shams. The Republicans have made two of
them acknowledge that Lincoln is to be elect
ed, and are after the third.
Two Texas editors, both residents of Crock
et, recently fought a duel for a cause not sta
ted. Their cames were Dalton and Hepperla.
Tbe former received a bullet in his throat, and
was probably fatally injured. The latter was
hit on tbe head, but the wound made was not
serious.
It appears from Patterson, N. J., Register,
that Mr. Bnlkley, a clergyman of that place
or its vicinity, has been preaching a sermon in
favor of the rope-walking of Do Lave and
Blondin, and that some of his hearers, lay and
clerical, object to that style of discourse.
Tbe old man looks down and thinks of the
past. The young man looks up and thinks of
the future. The young lady looks forward
and thinks of a beau. The child looks every
where and thinks of nothing. And there are
a great many children in the world.- - .
Queer Doings. A party of males and fe
males were arrested on the streets of Ports
mouth, Ohio, the other day, tho females be
ing dressed in male attire, and the men in
petticoats. Their object was to have a little fun.
' An old lady of Pennsylvania had an unac
countable aversion to rye, and ate it in any
form. "Till of late," said she, "they have
got to making it into whisky, and I find that
1 ccn now and then worry down a little."
Great distress exists in Kansas on account
of a protracted drontb. The heat ranges be
tween 90 and 95 degrees, and the crop, it is
feared, will be an entire failure.
Mr. Stephen H. Branch thinks that after
his decease, his bones would make a more in
tellectual glue than has ever been prepared
from any ordinary material. : .. , J,'
Blondin is determined to kill himself. ' He
advertises that he will walk the entire length
of his rope blindfolded and completely envel
oped in a sack.
An old lady, on being asked to subscribe to
a newspaper, declined, on the ground that
when she wanted news she manufactured it.
TBIAL OF JAMES H0CXENBURY.'
FOR THE MURDER OF JOHN THOMPSON.
In the Court of Oyer and Terminer for Clearfield
- uouniy, March l enn, itsou.
The , trial of James Hockenbury, charged
J !iL il. . a an
wuii me muraer or Jocn xnompson, was com
menced on Wednesday afternoon, June 20th.
Tbe case was conducted on the part of the
Commonwealth by R. J. Wallace, District At
torney, J. a. M'Enally. Israel Test and T. J
M'Cnllough, Esq.'rs ; on the part of the de
fence by Wro. A. Wallace. H. B. Swoodo and
Walter Barrett, Esquires. At 20 minutes past
z o'ciock, tbe prisoner was arraigned at the
Bar, and plead not guilty to the charge of
muraer as embraced in the indictment. Tho
couhsel for tbe prisoner objected to the indict
ment, which was framed under the revised
Penal Code of March 31st, 1860, on the ground
that the defence was not substantially charged
in the language of the Act, and for general in-
iormaiity, which objection was overruled by
the Court. The counsel for the prisoner de
murred from the opinion of the Court as to the
sufficiency of the indictment. . , . ,
. Several .hours were then consumed in se
lecting a jury; and at a few minutes after 5
o'clock, tbe requisite number were chosen
and sworn, tbe jurors being as follows :
Frederick Fraily, , . Elijah Burns,
William Sloss, Win. Ten Eyck,
Isaac McKee, . P4lip Erhard,
W m. A. Bloom, . , Moses RDenning.
Samuel Kirk, . ,r; Alexander Irvin,
Clark Brown, V. ' Matthew Caldwell, ;
The case was then opened by Mr. Test, who
stated in a neat and succinct manner the cir
cumstances the Commonwealth expected to
prove, i We append a synopsis of the evidence:
i Henry Darr, sw. Was in Lumber City in
April when the affair between - Hockenbury
and Thompson occurred. Can't say what was
the commencement ot the conversation.
Hockenbury was at the left band side of the
door on tho porch at Davis' tavern, a gun
standing by his side. Mr. Thompson was some
distance off, on the porch, on tho right of tbe
door,about ten feet from Hockenbury. Tbomp-'
son said to Hockenbury, "iod got that gun
to shoot me, did you ? Now d n you do it."
He d d him to shoot him and held up his coat.
Thompson told Hockenbury- he was "a d d
perjured scoundrel," and that "be had sworn
in Old town what no otherroan would swear,"
that he was an "ornery son of a b h." Thomp
son took the last words back,' said that his
mother, he supposed, was a decent woman, but
tbathis conduct and- actions had proved him
to be such. Soon after, Thompson stepped
from the porch on to the steps leading to the
road. He abused Hockenbury, the latter say
ing something which witness did not remem
ber. Thompson then stepped up on the porch
and told Hockenbury he didn't want any of
his sauce, or d d if be wouldn't kick him.
At this time Hockenbury had turned and went
into the door. He had the gnn in his band.
He wasn't more than inside of the door until
the gun went off. 'Couldn't see Hockenbury.
At tbe time the gun crackedThompsou threw
his hand up to bis side or breast. He reeled
forward some 5 or 6 feet ; and made a couple
efforts to speak ; tbe blood gushing out of his
mouth as thick as il could come. He then
reeled toward the end of tbe porch next to
Curby's tavern, where bo fell with his should
er against a young man standing there, which
turned him from the direction he was going,
and then pitched off the end of the porch
headforemost. I caught him at the shoulders
as he came towards me, but be was so far gone
with the force that he went to the ground.
I then spoke to some of tbe men standing by
to assist at raising bini up ; that be was dead,
and they needn't be afraid. Some one took
bold to help, and we lifted him upon the porch.
I then placed his arm under his head no ap
pearance of life- at that time. Didn't see
Hockenbury until aftet he was brought back
to the tavern, by the Constable. The shooting
occurred between sundown and dark. It was
during a "splash" flood.
. X. Thompson stepped off the porch, after
he nsed the bad language' to Hockenbury,
down towards tbe River. In stepping back,
he didn't get much nearer to him. Hocken
bury was close by tbe door. Thompson was
less than 10 feet off. At that time he faced
Hockenbury. Some words passed.but couldn't
hear them. The last words I heard Thompson
say was "give me none of your seuce, or d n
you I'll kick yon," Had halted when he
said them. If he did advance, couldn'tsee
bim, as persons were passing between Hock
enbury and myself. At tbe time the gnn went
off, tho muzzle of tbe gun wasn't three feet
from Thompson, whose face was away from
Hockenbury. The porch is not over 12 feet
wide might be 60 feet long. Wasn't over 10
feet from Thompson when heard tbe words.
Where Thompson fell, the porch is not over
two feet from the ground.
- Adjourned till 8 o'clock, Thursday morning.
: Thursday's Proceedings.
; Branson Davis, sw. John Thompson was
killed on the 5th April, 1860, at my bouse in
Lumber city. Here a diagram of the house
and that of Mr. Curby, was shown witness.
From the bar-room door to corner of house is
about 7 feet porch about 6 feet wide, and ex
tends the whole length of tbe house 5 steps
in front of the porch the ground descends
rapidly. The street between the two houses
is very steep. At that end of the house tbe
level of the porch is about 16 inches from the
ground. Was in the bar-room. ' Heard the
crack of tbe gun. Thompson came before
Hockenbury perhaps an hour or an hour and a
half they came in tbe afternoon. Didn't
think they were drunk didnt think they had
been drinking any.- A good many people
there over 100 had staid over night nearly
all there yet. ? ! ; ; . ..!. .
X. Don't think I was out of the bar-room
from tbe time the rafts commenced landing
until after the gnn cracked. Couldn't be pos
itive whether either got any liquor. ' Some
one asked Thompson to drink, but he declined
as be bad made up bis mind not - to drink
any during tbe flood. Think - Hockenbury
may bave got one drink not sure. - After
wards, Thompson said he wanted some private
conversation, that be would take a drink, sing
a song, and then play the fiddle. Couldn't
say whether he took a drink, but rather think
he did. - II. T. Kobison was my bar-keeper.
He was waiting on the persons who were drink
ing. 'When the gun cracked there were a
good many people in the bar-room. The
crowd was immediately around xne, at tbe
door leading to the dining room. Thought
there was firo in the stove." 'A man underta
king to pass out at tbe back door,would bave to
pass through the crowd on one or the other
side of the stove.
Dr. John Ross, aff'd. Waa called into Cur
by 'a hotel on the evenine of the 5th Am-il.
probably at 7 or 8 o'clock, to make a post
mortem examination ot Thompson before a
coroner's inquest. Blood oozed out of his
mouth when 1 pressed very hard on his breast.
Found a hole in bis right side, 10 inches from
the shoulder and.6 or 8 from the Bpine. Ap
peared as if made by a gun-ball. Introduced
a probe 6 or 8 inches long, but found nothing.
A ball penetrating in that place and passing
upwards, as that appeared to do, would pro
duce death. As far as I examined, the ball
would have passed through the right lung.
Didn't see any other marks on him, except a
black spot or bruise, on bis forehead". Was
only a bruise of tbe skin. Some blood issued
from the wound in the side. Had a coat, vest
and two shirts on. ,
' X. Have been a practicing physician for
about two years. The ball penetrated between
tbe ribs. Didn't open body. Didn't find ball
didn't look for it. Never made a post mor
tem examination before. A musket ball might
pass tbrcugh tbe edge of the lung without
producing death. Passion and excitement
has a tendency sometimes to rupture blood
vessels. ' Was dissuaded from opening the
body by tbe coroner's jury, who deemed it
unnecessary.
Ebenezer Thompson, sw. Am a brother of
John Thompson. Saw him same evening be
was killed. Wasn't permitted to see him un
til the inquest was held and the body laid out.
Saw the Wound close under the shoulder. The
body was naked. Witness produced coat of
John Thompson, with bullet hole in it, which
was shown to jury. :
Matthew Henry, sw. Was in the bar-room,
when the occurrence took place. Hockenbury
was in' the door Thompson on the porch.
When the gnn went off, I asked another per
son whether there was a ball in the gun .he
said there was. Hockenbury set the gun
down ain't sue whether another person took
it. Went out on tbe porch, came up to where
Thompson was lying. He drew one breath af
ter I came out. lie was on that part of tbe
porch between the bar-room door and Curby's.
about mid-way between the wall and the edge
of the porch. Hockenbury walked through
the crowd and went up street. If I mistake,
not, Hockenbury said, "take that, God d n
your fool soul," or some how that way. Didn't
hear the dispute between Thompson and Hock
enbury. Soon after he fired the gun, Hock
enbury started off. i
" X. Went out right after the gun cracked.
Was talking to James Stirk. It was James
Stirk'i gun think be took it. Not a minute
from the titae the gun cracked until I walked
out. . ' ;-
Isaac Smith, sw. Was at Davis tavern on
the day Thompson was killed. Saw Hocken
bury and Thompson. Hockenbury had a gun
standing by his side.. He was standing on tbe
left hand side of the door. Thompson dared
him to shoot him. Didn't hear Hockenbury
say anything. Thompson said he had threat
ened to shoot, and now says be, d n you
shoot me. I then stepped into the bar-room ;
stood between 3 and 4 feet from Hockenbury
As he stepped into the door he raised the gun
as aman,wouldraise it to shoot somethiug close
oy. xnompson was between too door ana tne
lower side of the porch, nis face was up the
river. He wasn't talking to anybody at tbe
time, that I heard. He was standing as if in
tending to go away. Heard no abusive lan
guage. Saw Hockenbury examine the gun
himself raised the cock of tbe gun. Thomp
son said if the cap ain't good, I'll go to the
store and buy you a box. I saw a cap on the
gun. After Hockenbury examined the cap,
he stepped into the door and fired. The con
versation between Thompson and Hockenbury
hadceased when I stepped into the bar-room.
As soon as the gun went off, Thompson put
bis hand to bis side, and started towards the
end of tbe porch. Saw nothing more of bim
until I saw bim dead not over half a minute
after. Hockenbury immediately started off.
As he . passed where Thompson lay, he said
"there, d n you take that, maybe you'll let
people alone' or something like that. I
thought those words were addressed to Thomp
son.
X. Several persons were on the porch
might have been lO.mieht have been 20. Wm.
Johnston passed. Might have been language
used that ' I didn't hear. Hockenbury had
the gun when I came there. Thompson didn't
move after him that I saw. A great number
of folks in the bar-room. I came there on a
raft, 1tad just landed. It was getting dusk.
Ellis Brickley, our pilot, was on tbe porch.
Could see both Hockenbury and Thompson.
Hockenbury was on the left hand side of the
door as you go in I was on the other. Should
think it was between 2 and 3 feet from the
muzzle of the gun to Thompson.
Wm. Irvin, sw. Was at Davis' tavern In
Lumber City when Thompson was shot ; was
standing close by Thompson when the gun
was Bred perhaps 3 feet off. Nothing pass
ed between bim and Hockenbury just at the
time, that I heard. I thought Thompson was
going to leave. Hockenbury was inside the
house. Didn't see him saw the muzzle ot
the gun outside tbe door; it was abont 2 feet
from Thompson when it was fired. When it
was fired he staggered or reeled, stood still an
instant, made an effort to speak, when the
blood gushed from.his month and then he com
menced falling when he was caught, I think,
by Henry Darr, but he didn't get bim stopped
and he fell on tbe ground, at tbe end ot the
porch next the sign post. He didn't fall over
2 feet. Didn't see Hockenbury alter this.
Heard Tnompson tell hint if be had no caps he
would furnish him with a box. . Hockenbury
spoke to Thompson once, but don't know what
he said something that be would kick or cuH
him, and stepped toward him. Hockenbury
was leaning against the jam of the door, and
stood there till be went into the bouse.
Absalom Darr, sw. Was present when the
gnn was fired. Didn't see Hockenbury, saw
Thompson oc the porch. ; His face was to
wards Curby's tavern. He bad been talking
to Hockenbury a half minute before tbe gnn
went off, but not at that instant. Was sitting
on the bench to the right of the door as you
go in. ' After Hockenbury went in, saw the
muzzle of the gun point out of the door ; it
wasn't over three or four feet from Thompson.
The first words 1 beard Thompson say to
Hockenbury were, "Yon bave threatened to
shoot me, now d d yon, shoot me. X on swore
in Oldtown court what no other man would
swear ; you are a son of a b-r-b,' or a d d son
of a b b." He spoke a3 though be recalled
these words, and said "your mother may bave
been a decent or respectable woman, but your
rAt 1 -A - A U .,,.h
Hockenbury was standing at the door with tbe
gun at his left side. He lifted the gun into
his hands, when Thompson spoke of the caps
Thompson called Hockenbury a d d papist,
and after that word was spoken, Hockenbury
stepped inside ot the door. After the gun
was fired saw Hockenbury pass up tbe street
As he passed down over tbe steps, he said,
"maybe you'll mind, or attend to yonr own
business after this." Saw tbe blood gushing
from Thompson's mouth saw him fall off the
end ot the porch, and afterwards picked up.
Branson Davis, re-called. James Stirk and
two others brought a gun into njy bar-room on
the forenoon of the same day Thompson was
shot. The gun was placed behind the bar
took no particular notice whether it remained
there all day. Hockenbury had no gun when
he came.
. Richard S. Ellis, sw. I heard Hockenbury
say if John Thompson did not quit abusing
him he would shoot bim he would kill him
dead. Heard him make the threats two or
three times were made within a year.
X. Didn't think the threat would be car
ried out didn't think they would carry the
dispute so far. . Hockenbury bad been a wit
ness in the Conner suit, and on that account,
he said, Thompson abused him that Thomp
son charged bim with having sworn falsely in
Clearfield. Live within half a mile of Hock
enbury. Last conversation I had with Hock
enbury was in the fore part of last winter. He
was considerably excited about it. He is al
ways a nervous man. . .
, Jacob Smith sworn. Heard Hockenbury
make threats. He said atone time if Thomp
son didn't leave him alone he would shoot him
if he was the last man living. He said about
the same thing at another time. Thompson
was working with me at the time, and Hock
enbury asked bow be was getting along. He
said he was afraid of Thompson, and this was
tbe first time be had no gun with him. . This
conversation was in last February. The other
was six weeks or two months before that.
, X In the first conversation he asked me
whether I had heard Thompson make any
threats told him not. Heard him called "dev
il John Thompson."
Samuel Sunderhn,sw. Saw Hockenbury on
the day Thompson was killed on the River,
on a raft. Saw no gun with . bim. Saw him
above Lumber-city.
,. X He was on the raft as a hand. Thomp
son was on a raf; between tbe one Hockenbury
was on and tho one I was on.
, Commonwealth rests. ,
, The case on the part of the prisoner was
then opened by n. B. Swoope, Esq., who al
luded to his age, the circumstances of his em
igration, when a boy, to this county, the man
ner in which he was raised, his mental condi
tion, and the fatal occurrence, defined the
different grades of murder, and set forth the
defence bis counsel intended making.
Andrew Graham, sw.- On the 5th of Febru
ary, 1860, I was at Brant Davis' tavern, in
Lumber City, standing with my back to the
stove, looking out at the door, when I saw a
man reach another man a gun. Didn't know
either of the parties then. A little after,
hearing a noise on the porch,' saw John
Thompson standing on the steps in front of
the bouse, saw bim lift bis coat skirts and tell
Hockenbury to shoot him, as he had heard he
had threatened to shoot him, and d d him to
do it now. lie then stepped np onto the porch
and called Hockenbury a God-deserted, hell
deserving, God d d son of a b h, and a pa
pist into the bargain. Hockenbury said he
was a liar. .Thompson didn't seem to mind
him. but went on with his discourse, saying
ho didn't impute his decent mother with be
ing a b h, but his own low, d d deeds and
actions proved him so.- Hockenberry then
lifted tbe gun into his two hands, drew back
the hammer of the gun and then left it down
again. Thompson told him to look if the cap
was in order and if not be would buy him a
box. Ho then started into the door and said,
"O, John, let me alone." Thompson said
"John, God d d you, if you say John to me,
"I'll kick you to bell and back again if you
had 100 guns.". Thompson was following him
towards the door , when he said this. When
Thompson came within a little piece of. tbe
door, he turned his side towards the door, his
face up tbe river. The next thing I saw was
tbe muzzle ol the gun pointed out at the door;
heard the report of the gun. Thompson lifted
his hand, put it on bis breast and said he was
a shot man. Saw him vomit blood. Saw him
stagger toward the end of tbe porch and fall
off tbe porch. When I went off the porch,
Hockenbury was a few steps ahead ot me. I
soon overtook him. Met a man named Shem
White and another man stopped to tell them
what had happened. Hockenbury got a few
steps ahead of me, but I soon overtook him.
Here the Commonwealth's counsel object to
the witness repeating the declarations ot the
prisoner after the killing ; the Court sustain
ed the objection, and the counsel for defence
ask that a bill of exceptions be filed. -
X. After Thompson had turned his face
away from Hockenbury, no words passed be
tween them. Wouldn't suppose Thompson to
be 2. feet from the muzzle of tbe gun. James
Hockenberry received the gun from the man
on the outside of the door. .
John Harbison, sw. The general tenor of
the testimony of this witness went to corrobo
rate that of the preceding one. Whilst
Thompson was d ning bim to shoot, she gun
went off.
-J X. Two or three seconds elapsed before
the gun went off.
Clempson Davis, sw. When I came out ot
my father's bouse, saw Hockenbury and his
brother Joseph sitting on the bench on tbe
porch. Soon Mr. Stirk and David Hockenbu
ry came down off the hill with tbe gun in bis
hand. ' James Hockenbury stepped up to the
door, and took the gun in bis hand and was
looking at it. Then Thompson came , out of
the . bar-room, and walked on the boards to
wards Cnrbys. He was talking about tbe tim
ber on the other side of the River. Thomp
son then walk on to the porch and talked to tbe
men. Hockenbury in the meantime was talk
ing to David Hockenbury. and Stirk Then
Thompson began to swear at-. Hockenbury to
shoot him. He then - squared himself and
pulled up bis coat-tail, and - swore at him to
shoot bim.; Hockenbury then said something
don't recollect what. . Thompson ripped
out a long oath, told bim to shoot him, and
stepping np to him, accused him of having
threatened to knife him. Hockenbury stepped
into the door; , Thompson stepped towards
him, anddrevr as if he was going to strike
him. He swore another oath at him, and
turned aTound, when Hockenbury pulled the
trigger and shot Thompson. I rubbed against
Thomsson's side with my elbow when he was
shot Saw both men. It was Mr. Stirk's gun.
When he took the gun, Hockenbury said it
looked like one he bad at home. It was two
or three minutes after this that Thompson
came up.
H. D. Patton, sw. The Commonwealth ob
jecting to tbe testimony of this witness ;
The prisoner's counsel propose to prove that
tbe act was committed by Hockenbury under
fear of bis life ; that from former menaces and
acts his mind was divested of the power ot re
flection at tbe moment. The opinion of the
Court was held over until morning.
Adjourned till 8 o'clock, Friday morning.
Friday's Proceedings.
The counsel for the prisoner offer to prove,
to mitigate tho offence, to fix the grade in re
ply to the case of the Commonwealth, and In
excuse for the killing,
That Hockenbury is a man of weak intellect,
of nervous temperament, of timid disposition,
and of very little bodily strength ;
That Thompson was a man of large frame,
of violent temper, of turbulent disposition, of
strong mind, and great physical ability ;
That Hockenbury was a witness in an in
dictment for riot, and that since that day
Thompson has always threatened to revenga
himself and always abused him ; that on one
occasion, but three weeks previous to the kil
liug, tho deceased met, seized and abused tbe
prisoners, and when he called for assistance no
one would help him, because they wero afraid
of Thompson.
: After hearing the arguments of counsel, the
Court decided to admit tbe offer generally,
but to limit the minutia, in order to show tbe
condition of the prisoner's mind, brought a
bout by previous threats.
H. D. Patton. Was in Lumber-city about S
weeks before the fatal ocenrrence. As I went
into Davis's door, Hockenbury called me to
take Thompson off him. Asked Wm. Price's
two boys to help me take him off, but they re
fused. I then went to Joseph Straw and told
him Thompson should be taken off. Straw
said it ought to be done. I then told Thomp
son he must let go. He said he wouldn't un
til Hockenbury would acknowledge that he
had swore-to a G d d d lie. He didn't let
go,and swore he'd knock bim down and smash
bim through if he didn't acknowledge that ho
had sworn to a G d d d lie. He said he
would attend to all those witnesses that had
testified against him in Court. I then told
him if he didn't let go I'd hit him with a chair.
Then he turned around and recognizing me,
said, "Hello,Harry," and let him go. I then
told Hockenbury to go into the room, when
Thompson said, "If it wasn't for your gray
hairs, yon old son of a b h, I'd knock you
through.' Hockenbury said for God sako
keep him off, I'm not fit to fight-' He said he
was afraid of him. I then took bim to tbe di
ning room door; didn't go in then, but did
afterwards. Considered Thompson a very pow
erful man a fighting man. Hockenbury I
consider a perfect infant in strength. Every
person I ever heard speak of him said Thomp
son was a very quarrelsome man that it would
only take about one drink to start him.
Jesse Weaver, sw. Lived about 80 rods
from Hockenbur3. neard Thompson, a short
time after the suit for riot, swear in front of
Hfckenbury's house that the. first time ho
caught Hockenbury he would tramp his God
n guts out ; he said be had swore a lie and
he'd havo revenge. I told Hockenbury that
Thompson had threatened to have revenge of
mm and all the witnesses who had testified
against him. Hockenbury I consider a rather '
weak man. Thompson was a stout man. He
was considered a quarrelsome man.
ihoruas Magbee, ard. Had conversation
with Hockenbury told him Thompson had
threatened to have revenge on the witnesses
in tbe riot case. Have known Thompson for
several years, nc wss regarded as a violent
man. Thompson was a much stouter man
than Hockenbury. Have known tbe latter
twenty or twenty-five years. He is weak-
minded, nervous and excitable man.
James Riddle, sw. Have known Thomp
son some forty odd years. Ho would take a
dram, and when in liquor was quarrelsome.
ueo. K. iiarret, sw. Have known Thomp
son not less than 16 or 17 years. I heard
him called, by those who knew him, a violent,
turbulent, and by some a dangerous man.
Have not known him intimately. Have known
Hockenbury as long as I have known anybody
for over 30, perhaps 40 years. I always re
garded bim as a rather weak man, excitable,
and scarcely responsible for what he said st
all times. I think he has always been a man of
delicate constitution not much strength for
a man of his frame. Thompson was perhaps
a little more than an average sized man pla
ced a rather high estimate on bis combative
propensities.
J. x . Lee,sw. I consider Thompson a vio
lent, turbulent man was generally regarded
as such. . Have known Hockenbury a good
many years. I regard him as a man of weak
mind he is excitable and nervous.
Samuel T. Hoover, sw, I have been partial.
ly acquainted with Thompson for about 15
years, lie was regarded as a quarrelsome
man when nnder the influence of liquor.
John F. Weaver, sw. Have known nock-
cnbury 13 or 14 years. Have bad considera
ble business with him. I considered him a
weak, timid man, of nervous temperament and
feeble mind, illiterate and uneducated.
Robert Mahaffey, aff'd. Have known Hock
enbury for 20 years. I consider him a weak-
minded, nervous and excitable man. Have
known Thompson for 8 or 10 years. His gen
eral character was that of a violent and turbu
lent man.
F. G. Miller, aff 'd. Have known Hocken
bury about 17 years. Ile is weak, mentally
and physically. Thompson I have known
since he came into tbe neighborhood. His
general character was that of a turbulent, quar
relsome man.
Branson Davis, re-called. During the pre
ceding flood, when I came into the bar-room,
Thompson bad hold of Hockenbury, and was
swearing at him. I was afraid he might hurt
bim, and told Thompson that Hockenbury. was
not able to fight bim, that tie knew, be '.was
not, and that be should not strike , him.
Thompson then said he wouldn't strike him,
but that he would hold bim until be acknowl
edged. tht he had sworn to a lie. I think:
Hockenberry made , tbe acknowledgements,
whatever they were, and Thorn psen let him
loose, when f got bim into the disirg-roctn . .
Testimonr closed-.
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